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Home My WebLink About2023-07-26 Conservation Commission Minutes Page 1 of 7 Approved 0810912023 North Andover Conservation Commission Meeting Minutes July 26,2023 Members Present: Sean F. McDonough, Louis A.Napoli, Chairman,Albert P. Manzi, Jr., Vice Chairman and Joseph W. Lynch Members Absent: Anthony Capachietti, John T. Mabon and Ryan D. Hale Staff Members Present: Amy Maxner, Conservation Administrator and Justine Fox, Field Inspector Meeting came to Order at: 7:07 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes • A motion to accept the minutes of April 10, 2023, June 14, 2023 and June 28,2023 as drafted is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 4-0,Unanimous. Certificate of Compliance 242-1313, 509 Waverly Road,Waverly Oak Condo (Waverly Oaks Condo Assoc) • The Administrator states the Applicant has requested a continuance. • A motion to continue to August 9,2023 is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 4-0,Unanimous. Documents Email from merreng>a)aol.com requesting a continuance until 81912023 Certificate of Compliance 242-1849, 102 Penni Lane(Martins-Fernandes) • The Administrator provides background on the Order issued in August 2022. The native shrubs installed within an area of wetland historically mowed by the previous owner are doing well. The site is stable and in compliance. Erosion controls have been removed and wetland markers installed.A front portico was also installed but is further away from the Buffer Zone. She recommends issuing a full and final COC. • A motion to issue a full and final Certificate of Compliance is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 4-0,Unanimous. Documents 102 Penni APPROVED REVISED SITE Plan 07-11-22, 6456_AS-BUILT S&S, 20230622_161608, 20230622_161740, 20230622_162357,Approved Planting Plan 102 Penni Lane, Certificate of Compliance Checklist 10 28 21, Letter Conservation_2023-06-23 S&S, MAI#6456 wpafrm8a Certificate of Compliance 242-1317, 99 Ogunquit Road,Lot 5 & 242-1474,99 Ogunquit Road,Lot 5 (Mandalinci) • The Administrator states OOC 242-1317 governed the construction of the house. The Conservation Restriction required in the Order has been recorded. She recommends shifting the snow stockpiling area to the right front yard.Wetland markers have been installed. Due to the expiration of the original Order a new NOI was filed to complete the construction of the house and install an in-ground swimming pool.Per the as-built plan the pool house was not constructed,however an outdoor chimney and chicken coop were constructed outside the 50-foot NBZ. Per the project engineer both structures resulted in 72-s.f. reduction of footprint compared to the pool house. The pool is a cartridge filtration system. Excluding the snow storage area, the site is stable and in compliance with the Orders. 2023-07-26 Conservation Commission Minutes Page 2 of 7 Approved 0810912023 • John Morin, Morin Cameron Group states due to the driveway/walkway configurations and the existing fence, the dedicated snow storage area is not usable. It is his opinion that there is no need for the snow stockpiling area due to adequate space on either side of the driveway. • The Commission discusses the snow stockpiling requirement and agrees it is no longer appropriate. • A motion to extinguish the snow stockpiling requirement and issue a full and final Certificate of Compliance for OOC 242-1317 is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 4-0,Unanimous. • A motion to issue a full and final Certificate of Compliance for OOC 242-1474 is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 4-0, Unanimous. 242-1317, 99 O uunnquit Road, Lot 5 -Documents Approved Plan for House 99 OGUNQUIT ROAD #242-1317,CoC Req Submittal 242-1317, ConComm As- Built Plan 4-4-2023, 99 Ogunquit CofC Pics 242-1474, 99 O uunnquit Road, Lot 5, Documents Approved Pool Plan, CoC Req Submittal 242-1474, ConComm As-Built Plan 4-4-2023, DeRosa Report 99 Ogunquit, Modified Pool Plan Approved, Wetland Restoration Report 99 Ogunquit, 99 Ogunquit CofC Pics Certificate of Compliance 242-1643, 674 Turnpike Street(Yamin) • The Administrator provides background on the Order issued in May 2015. The work was never undertaken and the OOC has expired. A new NOI is currently before the NACC for the installation of a new septic to replace the failing system. They are still waiting on review by the BOH prior to proceeding. • A motion to issue a Certificate of Compliance for work never undertaken is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents COC Request Materials 0718 23 Small Project NACC#309,25 Cranberry Lane(Boucher) • The Administrator presents the proposal for the replacement of deck boards,railings and stair framing. The stairs are 53-ft from the wetland at its closest point. The current footings underneath the deck appear to be in good condition but will be replaced if deemed necessary by the Building Inspector. However,the footing at the bottom of the stairs is not adequate and must be replaced. A dumpster is proposed to be stored in the driveway. She recommends issuing a Small Project`B"requiring pre and post construction inspections. If the deck footing requires replacement the contractor must notify Conservation staff and excess soils are to be taken off site. • Nick Boucher,the contractor states the four(4)footings under the stairs and the landing block for the stairs must be replaced. He questions whether permission from the NACC is required if rot is discovered during the process. • John Hirschfeld, the homeowner, is present. • The Commission discusses the footings and agrees to allow excavation for footing replacement,if necessary, erosion controls to be installed at the Administrator's direction. They confirm that no further review is required for siding replacement. • Mr.Napoli questions the drain depicted on the plan. • The Administrator states the drain shown on the plan is a remnant that should be removed from the plan. • A motion to accept and approve this as a Small Project`B"with conditions as recommended is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 4-0,Unanimous. Documents 2023-07-26 Conservation Commission Minutes Page 3 of 7 Approved 0810912023 Pics, Small Project Application 0719 23 Notice of Intent(NOI) 242-1858, 189 Willow Street(Grasso) • The Administrator states the Applicant has requested a continuance. • A motion to continue to August 23, 2023 is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 4-0,Unanimous. Documents Email from tcapaehietti& ayeseng.com requesting a continuance until 812312023 Notice of Intent(NOI) 242-1859, 0 Turnpike Street(Middleton Farms,LLC) • The Administrator states the Applicant has requested a continuance. • A motion to continue to August 23, 2023 is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 4-0, Unanimous. Documents Email from csoarag s wsengineers.com requesting a continuance until 812312023 Notice of Intent(NOI) 242-1869, 674 Turnpike Street(Yamin) (cont.from 6/28/23) • The Administrator states the Applicant has requested a continuance. • A motion to continue to August 23, 2023 is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 4-0,Unanimous. Documents Email from mo a a),yahoo.com requesting a continuance until 812312023 Notice of Intent(NOI) 242-1870, 175 Olympic Lane(Riedl) • The Administrator provides background on the proposal heard at the previous meeting.No changes or additional information was requested at the last meeting. A DEP File number has been assigned and a draft decision prepared. • Thor Akerley,Williams & Sparages states stockpiling location is proposed next to the addition which will be contained within the existing fence line. Erosion controls have been proposed. • No abutters are present. • A motion to close and issue in 21 days is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 4-0,Unanimous. Documents 06-28-2023 Meeting Materials Notice of Intent(NOI) 242-1871, 95 Olympic Lane(McGrane) • The Administrator states the proposal consists of expansion of a previously approved addition. The majority of the existing 1-story garage footprint will be used. The proposal will expand the footprint to maintain the garage bay and create a first floor three season room and second floor living area. A new deck and stairs are proposed off the three season room and patio expansion to square it off. The proposed foundation for the addition will be a 4-ft frost wall cast in place. All work is outside of the 50-foot NBZ and 200-foot Riverfront Area associated with Boston Brook. A small section of the driveway is proposed to be removed from the 50- foot NBZ. The wetland delineation was reviewed and found to be accurate. Construction access, dumpster location and stockpile location are shown on the plan. • Mr. Lynch states that the renderings and plans do not match. The renderings show a hot tub which is not included on the plan. If the hot tub is proposed it must be shown on the plan as it is jurisdictional. He questions if roof runoff will be collected,if so,how will this be accomplished. 2023-07-26 Conservation Commission Minutes Page 4 of 7 Approved 0810912023 • Tricia Kendall, Tricia Kendall Architecture&Design suggests installing a drywell to handle the additional roof area. The area for the hot tub has not been determined but they are hoping for it to go in the general area shown on the renderings. • The Commission discusses the roof runoff and agrees a dry well would be better than daylight; however,if they are to rely on"daylight", it must be outside of the 25-foot NDZ. • Alex McGrane,the Applicant and homeowner believes the roof runoff currently goes under the driveway and off to the side. • No abutters are present. • A motion to continue to August 9,2023 is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 4-0, Unanimous. Documents 95 Olympic Lane North Andover 7-11-23, 95 Olympic Lane-Conservation Commission, 20230720_144639, 20230720_144647, 20230720 144659, 20230720 144711, 20230720 144722, 20230720 150320, NOI Application-95 Olympic Lane, Revised Plan 95 Olympic Lane North Andover Enforcement OrderNiolation 47 Bonny Lane(Kong/Zhao) • The Administrator states a Restoration Plan has been provided for review. • Thor Akerley,Williams & Sparages states the stumps directly along the lake will remain to provide stabilization for the bank. The stumps that will remain have been called out on the Restoration Plan. The stumps landward of the erosion controls are proposed to be removed to allow additional area for plants to re- establish. He explains how some of the tree cutting ended up extending to a neighboring property at 35 Bonny. He has spoken with the neighbor and her grandson and they are willing to allow the planting and restoration to be conducted. A letter from the neighbor granting permission will be requested for the record. Most of the proposed trees are proposed at 1.5-2"caliper which are larger than a typical Restoration Plan. Forty-three (43) native tree species and twenty-six(26)native shrubs are proposed following the general spacing guidelines. They propose to preserve the emerging shrub, ground cover and tree saplings. All of the trees and shrubs proposed will be planted at the mitigation ratio provided. The Restoration Plan will be monitored and overseen by a wetlands professional or arborist. A 2-yr monitoring protocol is proposed. The Planning Board requested additional information on the monitoring period. Invasives will be removed twice annually and watering for the shrubs and saplings to ensure establishment. A more comprehensive maintenance protocol for the restoration will be provided. They have contacted NHESP as some of the cut trees were within Priority Habitat,but have yet to hear back at this time. • Howard Gaffin, Gaffin Tree explains the publication and methods used to conduct the appraisal,using a 1:1 ratio. The forest was mature and generally healthy, consisting mostly native species; not a lot of invasives were present.No function or external limitations were present. • Limin Kong,the homeowner is present. • Mr. Akerly states twenty-seven(27)live trees were cut,the Restoration plan calls for forty-three (43)native trees;tree species will be replaced in-kind. Trees#3 &#4 depicted on the plan are live trees. • Mr. Gaffin recommends using a small self-propelled stump grinder and grinding the stump(s) 6-8"below grade, excess material to be spread. In his professional opinion late summer/fall is the best time of year for planting however stock could be limited and the trees may not be as high quality.No staking of the tree is required. There are companies that offer specific soils that would be compatible for the area. Surplus material after planting is not anticipated. • The Administrator reviews the aftercare recommendations. • The Commission discusses the Restoration Plan and requests note#1 be revised to reflect the stump grinding recommendation.No grinding of stumps ]-13 will be permitted. Restoration planting to be overseen by a qualified wetland scientist and arborist. Three(3)years of monitoring will be required with trees to be inspected three times a year, any tree showing signs of being overly stressed will need to be replaced, 100% survivability is required. Wetland markers will be required,location TBD. Site preparation for planting may commence ASAP. Site preparation includes removing debris, stump grinding, spreading wood chips and 2023-07-26 Conservation Commission Minutes Page 5 of 7 Approved 0810912023 filling stump depressions with clean in-kind loam. Planting must commence no later than June 30, 2024, survivability report to be provided by July 2026. • A motion to amend the Enforcement Order to allow site preparation as discussed is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 4-0,Unanimous. • A motion to continue to August 9,2023 to allow time for a more comprehensive EO to be drafted is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents 05-10-2023 Meeting Materials, 06-14-2023 Meeting Materials, 06-28-2023 Meeting Materials, Proposed Restoration Plan- 47 Bonny Lane, Proposed Restoration Plan Cover- 47 Bonny Lane, Tree Appraisal- 47 Bonny Lane Enforcement OrderNiolation 59 Bonny Lane(Marczac) • Thor Akerley,Williams & Sparages states the project site was not clear cut. The trees were survey located; they do not have the exact canopy size for each tree. Restoration will focus on areas closest to the lake. Nineteen(19)native trees as well as an extensive shrub layer are proposed. The general location and general number species are shown on the plan, locations are not exact. A 1:1 tree replacement ratio is proposed. The ground was not disturbed therefore there is no new growth. The dock has been removed and pictures provided. • Matthew Marczac,the homeowner, is present. • Howard Gaffin, Gaffin Tree states the understory at this property appears to be less than 47 Bonny Lane. It is his opinion that over time the understory has been maintained,mowed down and cut back multiple times a year,if left alone it will reestablish. • The Commission discusses the Restoration Plan and requests note#1 be revised to reflect the stump grinding recommendation. Three(3)years of monitoring will be required with trees to be inspected three times a year, any tree showing signs of being overly stressed will need to be replaced, 100% survivability is required. Site preparation for planting may commence ASAP. Site preparation includes removing debris, stump grinding, spreading wood chips and filling stump depressions with clean in-kind loam. Planting must commence no later than June 30, 2024, survivability report to be provided by July 2026. • A motion to amend the Enforcement Order to allow site preparation as discussed is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 4-0,Unanimous. • A motion to continue to August 9,2023 is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents 05-10-2023 Meeting Materials, 06-14-2023 Meeting Materials, 06-28-2023 Meeting Materials,pic Dock removed, Proposed Restoration Plan- 59 Bonny Lane, Proposed Restoration Plan Cover- 59 Bonny Lane, Town of North Andover Mail-Re_ Tonight's Planning Board Meeting, Tree Appraisal- 59 Bonny Lane Enforcement OrderNiolation 196 Marbleridge Road (Kowalski) • The Administrator states the Applicant has requested a continuance. • A motion to continue to August 9,2023 is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 4-0,Unanimous. Documents Email from ra daloLtCa) ahoo.com requesting a continuance until 81912023 Enforcement OrderNiolation 863 Winter Street(DeCamargo) 2023-07-26 Conservation Commission Minutes Page 6 of 7 Approved 0810912023 • The Administrator states the Applicant has requested a continuance. • A motion to continue to August 9,2023 is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 4-0, Unanimous. Documents Email from mail )narseenv.cam requesting a continuance until 81912023 Enforcement Order/Violation 350 Sharpners Pond Road (Perdomo) • The Administrator states a site visit was conducted by the Field Inspector,the shed has been moved to the approved location outside of the Buffer Zone and a building permit obtained. The deadline for restoration plantings is September 14,2023. • No action is required at this time. Documents 06-14-2023 Meeting Materials, I1-16-2022 Meeting Materials,Amended Enforcement Order-350 Sharpners Pond 06 23 23, IMG 0321,IMG 0322, IMG 0323 Enforcement Order/Violation 241 Massachusetts Avenue(Ryti) • The Administrator provides background on the Enforcement Order heard at a previous meeting. The Morin Cameron Group has been retained to prepare a survey plan; however,the homeowner intends to prepare the Notice of Intent.Per the EO the submittal deadline for the NOI was July 13, 2023 to be heard this evening. • Heather Ryti,the homeowner, states the survey is scheduled to start tomorrow. • The Commission cautions the homeowner that the NOI process is a big undertaking and that representation will allow the process to go much smoother. Due to good faith efforts the NACC agrees to amend the EO to allow for a 4-wk extension for the NOI submission. • A motion to amend the Enforcement Order as discussed is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 4-0,Unanimous. Documents 05-10-2023 Meeting Materials, 05-24-2023 Meeting Materials, 06-14-2023 Meeting Materials, Email Correspondence 241 Mass Ave Enforcement Order/Violation 242-628, 64 Meadowood Road(Mohammed/Eltigani) • The Administrator provides background on the EO heard at the previous meeting. The deck which was later enclosed was not shown on the approved plan. • Mr. Manzi believes the signing of a Form U-Lot Release Form by the prior Administrator constitutes a waiver. • Mr. McDonough does not believe the Form U-Lot Release Form is equivalent to a waiver. • Mr. Lynch believes that the then homeowner did the right thing by submitting an application for deck enclosure and reasonably relied on Town staff s sign off as approval for the work. • The Commission discusses the deck enclosure and the majority agree to vacate the EO. A new request for a Partial Certificate of Compliance will need to be submitted for consideration. • Atty. Brian Vaughan, Smolak&Vaughan and Elmutaz Mohammed,the homeowner, are present. • A motion to rescind the Enforcement Order is made by Mr. Manzi, seconded by Mr. Lynch • Vote 3-1 (In Favor: Napoli,Manzi, Lynch, Opposed: McDonough). Documents 05-24-2023 Meeting Materials, 06-28-2023 Meeting Materials Enforcement Order/Violation 40 Flagship Drive-85 & 115 Flagship Drive,400 Willow Street(DWT Holdings,LLC) • The Administrator states there are no new updates at this time. 2023-07-26 Conservation Commission Minutes Page 7 of 7 Approved 0810912023 • No action is required at this time. Documents 03-08-2023 Meeting Materials, 05-24-2023 Meeting Materials,Amended Enforcement Order Fines-40 Flagship Drive 06 02 23, Amended Enforcement Order Fines - 40 Flagship Drive 06 22 23, Amended Enforcement Order Fines- 40 Flagship Drive 07 06 23 General/New/Old Business MACC Annual Dues • The Administrator breaks down the costs for memberships and two on-line e-handbook subscriptions. • A motion to approve the MACC annual dues in the amount of$969.00 is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 4-0,Unanimous. Decision 242-1870, 175 Olympic Lane • The Administrator reviews the drafted Order of Conditions. • A motion to adopt the Order of Conditions as drafted is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 4-0,Unanimous. Adjournment • A motion to adjourn at 9:04 p.m. is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 4-0,Unanimous. 2023-07-26 Conservation Commission Minutes